BILL NUMBER: SB 1942	CHAPTERED  09/13/00

	CHAPTER   430
	FILED WITH SECRETARY OF STATE   SEPTEMBER 13, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 12, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   MAY 1, 2000
	AMENDED IN SENATE   MARCH 28, 2000

INTRODUCED BY   Senator Karnette
   (Coauthors:  Assembly Members Cox, Cunneen, Havice, and Lowenthal)


                        FEBRUARY 24, 2000

   An act to amend Section 538d of the Penal Code, relating to peace
officers.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1942, Karnette.  Peace officers:  impersonation.
   (1) Existing law provides that any person other than one who by
law is given the authority of a peace officer, who willfully wears,
exhibits, or uses the authorized uniform, badge, insignia, emblem,
device, label, certificate, card, or writing, of a peace officer,
with the intent of fraudulently impersonating a peace officer, or of
fraudulently inducing the belief that he or she is a peace officer,
is guilty of a misdemeanor.
   This bill would remove the use of a police badge from the above
provisions, and as a separate offense provide that any person, other
than the one who by law is given the authority of a peace officer,
who willfully wears, exhibits, or uses the badge of a peace officer
or willfully wears or uses any badge that falsely purports to be
authorized for the use of a peace officer or so resembles the
authorized badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed $2,000, or by both that imprisonment and
fine.  By increasing the term of imprisonment applicable to a crime
punishable as a misdemeanor, this bill would impose a state-mandated
local program.
   The bill also would provide that any person who makes or sells any
badge that falsely purports to be authorized for a specified use
shall be  subject to a fine not to exceed $15,000.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 538d of the Penal Code is amended to read:
   538d.  (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor.
   (b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine.
   (2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of a peace officer, or which so resembles the authorized
badge of a peace officer as would deceive any ordinary reasonable
person into believing that it is authorized for the use of one who by
law is given the authority of a peace officer, for the purpose of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed one year, by a fine not to exceed two thousand dollars
($2,000), or by both that imprisonment and fine.
   (c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of a peace officer, or which so
resembles the authorized badge, insignia, emblem, device, label,
certificate, card, or writing of a peace officer as would deceive an
ordinary reasonable person into believing that it is authorized for
the use of one who by law is given the authority of a peace officer,
is guilty of a misdemeanor, except that any person who makes or sells
any badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
